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Delaware DUI Penalties

Driving under the influence of alcohol is harshly penalized in Delaware. It’s important for you to fully understand the consequences you may face if you are arrested for drinking and driving. Here’s what you need to know.

First Offense

A first offense DUI in Delaware could land you in jail for up to six months. At a minimum, you’ll have a $500 fine, but it could be as high as $1,500 depending on the case. Additionally, your license will be suspended for 12-24 months.

Second Offense

Second offense DUI in Delaware is punished with a minimum of two months in jail, but up to 18 months. Fines are between $750 and $2,500, and your license could be suspended for 24 to 30 months. After 24 months, an ignition interlock device may be required on your vehicle.

Third Offense

For a third offense DUI, the minimum jail sentence is one year, but could be up to two. Fines range from $1,500 to $5,000 depending on the case, and license suspension is a minimum of two years — up to 36 months. Again, you could also be required to have an ignition interlock at 24 months.

Fourth Offense

Fourth offense DUI is penalized by a minimum of two years in jail, but up to five. Fines range from $3,000 to $5,000 and license suspension is automatically 60 months. An ignition interlock device may be required after 48 months.

Fifth Offense

A fifth offense DUI is automatically a Class E felony in Delaware. Jail time is between 3-5 years, and fines are between $3,500 and $10,000.

Sixth Offense

A sixth offense DUI is a Class D felony in Delaware and can result in between 5 to 8 years jail time. Fines are at a minimum $5,000, but could be as high as $10,000.

Seventh Offense

A seventh offense DUI is a Class C felony and carries an automatic fine of $10,000-$15,000 and incarceration is no less than 10 years but under 15 years.

Lookback Period

While some states have a lookback period of several years, Delaware has a lifetime lookback period. This means that all DUIs will be relevant, even if they occurred 20, 30, or 40 years ago.

When to Call an Attorney

If you are arrested for drinking and driving in Delaware, it’s important that you protect your rights under the law with the help of a seasoned DUI attorney. At Whitehead Law, we can provide you with the aggressive defense you need during this challenging time. Contact us today for a consultation to discuss your case at (302) 663-7975.

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